GPs advice or Employers recommendation in returning to work?

[mummytippy]

I've been suffering from panic attacks and anxiety for the last six months so have been on sick leave.
I am only eligible for SSP and so the difference on my finances is also having a detrimental affect on my anxiety.
After a further appointment with my GP, they advised I ask my employer about Occupational Health in the workplace and options to aide my return.
I asked them and they said to speak to my GP again and advise them of their professional viewpoint as they don't have any Occupational Health scheme in place. They didn't put forward any options.
My GP issued me with a further sicknote advising I be allowed to work from home (amended duties) as better able to cope when experiencing a panic/anxiety attack.
I submitted this to them and they replied saying a phased return back in to the workplace would be better in their opinion. They had nothing to say on my GP's recommendation.
I'm puzzled as to why they asked me to provide the advice of my GP and then offer something which isn't in line with my GP's recommendation.
I've asked if they can implement my GP's recommendation as I want to follow his advice for my health and wellbeing's sake but haven't had a reply.
Has anyone else had a similar experience with regards to arranging their return to work and know if the employer has to follow the GP's advice?
I'm very confused as they didn't suggested anything when I asked about my options. Any advice would be most welcome. Thank you in advance.

Sounds to me like you might work for a smaller organisation? If so, it could be that it’s the first time they have dealt with this scenario and have tried to deal with it it in-house at first. After getting your GP’s recommendations they have decided they can’t accommodate and got external advice as to how to handle it. Just because your GP recommends something doesn’t mean it has to be implemented. There may be business reasons why they can’t or they might just not know how to.

A phased return sounds normal. they should sit with you and talk about how many days / hours you will come back to start with and what your workload will be. it should be fairly stripped back to ease you In. they should keep in touch with you every day to check you are coping OK and able to fulfil the duties again , and you're improving your confidence able to get back up to speed.

@Happiedays Do you know reasons why the GP's advice doesn't have to be implemented? I know about practicability and disruption but doesn't the employer have to make a reasonable adjustment and be flexible in order to allow me to work. In order for me to wfh I would be able to remotely with a laptop for the line of employment I'm in.

@Liftup Yes I agree on phased return being normal and it was discussed with my GP but they felt being at home, at least initially, especially with the current government guidelines would give me added peace of mind and minimise my anxiety levels. I don't want to regress.
Working from home would also allow me to work my contracted hours as opposed to reduced hours.

Bump

Reasonable adjustments do have to be made if an employee has a disability. A disability is a medical condition the at 1) has a substantial impact on daily life 2) has or is likely to last more than 12 months

The issue is what is reasonable. Having been absent for 6 months it probably isn't reasonable for you to return on a work from home basis at least until a phased return to the workplace is underway.
There are probably changes that need to be explained / retraining / meeting new team members etc.

They don't have to allow what the GP recommends but I'm surprised they're insisting on having you back in against his advice.

The danger is that if you have a longer term medical condition that renders you unable to do your job, that is grounds for dismissal.

It may be that there are reasonable adjustments that could be made but they need to be reasonable on both sides and not have a material effect on the business.

I have worked in my line of work for many years and so I don't feel I'd need to go in the office for a refresh. There also haven't been any changes which if there had, they could be conveyed via email or over the phone.

As far as I know, severe anxiety and panic attacks do qualify you for reasonable adjustment.

I would have thought also that the fact we're in a current lockdown would mean that my employers should also follow the government guidance on allowing staff to wfh where they can?

The material effects on the business would basically be me being loaned/issued with an encrypted laptop.

A disability 'qualifies' you for reasonable adjustments. Anxiety can be a disability but only if it fulfils the criteria I listed. It's up to your employer what they deem reasonable irrespective of medical advice. They would need to justify a refusal. If they can't then you have a potential tribunal claim.
I would advise that you ask for a wellbeing meeting for you and your manager to discuss what adjustments might be acceptable to you both.

@Sistedtwister has it in a nutshell.

I would go to the meeting with your manager with the legal definition of disability, and explaining very clearly why you meet each of the elements (eg you are diagnosed with anxiety; your condition has gone on for x months; and it has x impact on your day to day life). Explain the duty to make reasonable adjustments, and why you think the laptop is a reasonable adjustment. Cost is very rarely sufficient reason by itself for an employer not to make an adjustment. I would also be ready to explain why phased return isn't possible for you.

Following the meeting, however it went, I would send an email summarising the discussion, in a "I thought it would be useful for us to have a written summary" helpful type way. Means you have a record of putting them on notice you believe you are disabled, which could be useful.

If after you've done that, they are still refusing to let you work from home and providing the laptop etc to do that, then unfortunately raising an Employment Tribunal claim or leaving are the options you're left with.

Good l

Hit enter too early! Was going to say good luck - hope you can get it sorted out.

@mummytippy

Do you know reasons why the GP's advice doesn't have to be implemented?

Because simply GPs are experts in medicine and not occupational health. In reality, most letters from GPs are virtually the words of the patient. I see them all the time and usually amount to a charter of what the employee wants, not what is feasible. For example a member of staff who is a receptionist was recommended to work from home? I kid you not!

I look at the circumstances. In yours probably reduced hours each day may be appropriate but maximum 6 weeks and back on full time hours. Usually much shorter timeframe.

Depending on the role, in my experience working from home when having been away for an extended period isn't a good idea as getting back and seeing people, feeling part of the organisation lifts confidence and reduces anxiety. Sat on a laptop at home doesn't work as well. However with Covid that isn't easy

Thank you @Sistedtwister and @Hakunamatata91

I agree this is the best way to go forwards.
Just trying to get this sorted out is causing me a huge amount of anxiety as I feel I'm having to justify myself

I just want to work, but from home. It shouldn't be so hard to agree to- especially in these Covid times.

What is it that makes you anxious about being in the office? Is there something or someone there that might trigger a panic attack?

Anxiety may amount to a disability, depending on how it affects your day to day functioning. Are you able to dress, prepare a meal, go shopping, communicate with people? These are the kind of things a tribunal would consider in determining if you meet the definition.

@MarieG10

My GP advised me to ask my employer about their Occupational Health provision and my options. My employer's response was they don't have a scheme from OH, didn't give me any options but asked my GPs advice.
I have worked there 10 years as an admin assistant inputting data so my job is completely doable with a laptop and internet connection.
Team Viewer or equivalent is all that is needed.
I have my own laptop but appreciate my employer might want something with their own security built in.
My GP based my current sicknote on his assessment of how I have been over the last few months. He also recognised that not having an income for the past few months aside from ssp is also impacting on my mental health and anxiety levels. They did not write down what I asked, they made their recommendation based on many factors but my health and wellbeing is paramount.

@Hayeahnobut

I started with the panic attacks and anxiety after I was Furloughed.
My employer did not confirm I was Furloughed, I received nothing from them in writing, no communication and it created an enormous amount of uncertainty. My income plummeted and I have had to claim benefits.
I have never experienced anything like panic attacks - ever. I don't know when I'm going to have one and they can last up to an hour.
I feel I have seen a different side to my employer in how they have treated me as I have also suffered a bereavement of a close family member too. I have lost trust in them. I also don't believe the workplace is Covid secure either as I have had staff members confirm this. None of this reassures me I'll be safe, or my wellbeing be considered. I know I am safe at home and can manage my attacks there.

@mummytippy

I have worked there 10 years as an admin assistant inputting data so my job is completely doable with a laptop and internet connection.

Look I can't comment on your particular circumstance with knowledge. I have dealt with many similar situations and the reality is there are a complete mix of things. In theory yes sounds like you could work from home. But I have also helped colleagues with staff with a job like yours who have awful sickness records, going back years and basically means they cannot be relied upon to be in work which means additional capacity has to be carried to make up.

When working from home they can often be doing far less and isn't easy as having a quick conversation asking for things. More employers are now wanting some people in the office more for productivity reasons.

Your employer might be ill informed as to how to handle things (they can pay to use a contracted occupational health service) or they might be just getting fed up with you and starting to withdraw flexibility with a view to starting to remove you

Your employer might not have an occupational health scheme in place but there are plenty of professionals out there who can be consulted for one off scenarios. I did it recently for someone who had been off 18 months and I wanted to know what we needed to do when they came back to work. I think the report was a few hundred quid.

Your employer may not want you at home inputting data. The data may be confidential. They may not have the appropriate software or encryotion. Your gp has no knowledge or authority on this

Your GP has made a recommendation. That's all .
Your employer has considered this as not being something they will do at this time and have come up with an alternative.

@TheDinosaurTrain

Thank you. My GP did say an external independent OH consultant could be used as I mentioned they're only a small/medium sized company.

It's good that you did that for your employee and I'm sure they will appreciate you doing that. I know I would.

I still haven't had a reply from my employer.

Still no reply over 1 week later

Lift the phone to them in the morning

I'd prefer everything in writing @Twistered

I rang ACAS and they said to put in a letter requesting a reasonable adjustment.

Do other employees in your company work from home ?

If nobody currently does, your employer may be reluctant to open this door to all employees

Your employer can hire an external OHealth advisor

Your employer states they wish you to return to the office. You haven't seen the Covid safe adjustments yourself

They are not currently offering work from home